Summary: We will not investigate Mr X and Ms T’s complaint to us about the Council’s failure to finalise an EHC Plan for their child Y nor its failure to arrange provision set out in Y’s EHC Plan. This is because the Council has upheld the complaint and agreed to remedy the injustice caused by providing a financial remedy and increasing its staffing and monitoring. Mr and Ms T have therefore achieved the outcome they sought, and the injustice suffered has been remedied during the Council’s complaints process.

The complaint

1. Mr X and Ms T complained the Council failed to finalise their child Y’s Education, Health and Care Plan following Tribunal and delayed arranging provision set out in Y’s EHC Plan.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and Ms T and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and Ms T complained the Council delayed finalising the Education, Health and Care Plan (EHC Plan) for their child Y. They also complained the Council failed to arrange provision set out in the EHC Plan, leading to Y missing out on education and negatively affecting Y’s mental health.
6. After Mr X and Ms T brought the complaint to us the Council issued its final response in which it upheld the complaint and offered a financial remedy to recognise the injustice suffered due to its actions. The Council also advised it would make service improvements to ensure this did not happen again which included increasing staffing and monitoring processes.
7. The evidence shows the Council has considered Mr X and Ms T’s complaint and offered a financial remedy and corrective action which is proportionate and in line with our guidance on remedies. An investigation would therefore be unlikely to achieve anything further for them.

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Final decision

8. We will not investigate Mr X and Ms T’s complaint because the Council has remedied the injustice suffered through its complaints process.

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Investigator's decision on behalf of the Ombudsman